• Non-conductance of interview

Sir, 
I am Dr. Shah (PhD Civil Engineering)
Sir, in December last year National Institute of Technology (NIT) Srinagar advertised Assistant Professor Posts in different branches with the eligibility criteria laid as per the MHRD guidelines. Sir, now the minimum eligibility to apply for assistant professor at NITs or IITs is PhD. Sir, I was awarded PhD from IIT Roorkee and i also applied as this is my home NIT.

Sir, since then the candidates are not being interviewed. The shortlisting has been carried out but the interviews are yet to start. In June 2016, I was shortlisted but interviews are yet to take place.

However sir, the main reason for non conductance of interviews is internal subortage. Sir, some of the internal faculty member who are not PhDs yet are creating problems. They are demanding to be promoted first then they will allow the interviews to take place for new posts. Sir, these persons ( they have been appointed almost before 16 years with B-Tech Degrees) are very unproductive and have not updated their qualifications and are now demanding to be promoted out of turn. They are saying that the new appointees will become their seniors.
Sir, what is my fault if they are not PhDs? If I worked hard and got grilled and roasted for getting my PhD from the top civil Engineering university of Asia why i am being denied a chance to face selection committee because some people are sabotaging the process.

Sir, the Director in one of the meetings 5 days before asked all HODs to submited the shortlisted candidates for further action but one of the HOD's who is not PhD threatened to get the process stayed from court.

Sir, I want your advice on this. How to ensure that interviews be conducted
Asked 28 days ago in Labour from Srinagar, Jammu and Kashmir
1) file RTI application with NIIT as to wjhy interviews have not been conducted for short listed candaidates . 

2) you can  also file writ in the HC to direct NIT to conduct interviews of short listed candiates 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1) you have strong case on merits . if candidates are shorlisted interviews must be conducted with reasonable period 

2) it is better if other sortlisted candiates join you in filing writ 

3) no need to file any PIL in SC
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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Dear concerned

In reference to the subject you must file a writ petition in the High Court and must takensure instructions order for the college to conduct placements on merit of educational requirements not age / seniority . This must be done before someone else takes a stay in reference .

Considering your notes your petition must give you positive results.

Best of luck 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
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Your case seems to have goof merit though perusal of concerned service rules would have given me a better opportunity to advise further.
The PIL should first be filed in high court as supreme court more often advises to take first recourse first beofre coming to the apex court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. You have good prospects if you file a writ. The recruitment process cannot be held to ransom in this manner at the whims of a few faculty members. If the post had been advertised the interviews have to be held.

2. PIL though is not made out in your case.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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it is for NIIT to take a call to promote those who have been in service for years together 

2) it does not mean  fresh appointments should be scuttled 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1. This problem is common in most of the organisatios wherein the existing staff armtwist the management for their collective gain.

2. File a W.P. before the high court against the Organisation for its inaction directing it to complete the recruitment procedure with in a time frame.

3. if you fail to get any such order from the High court, file a PIL before the supreme court seeking appropriate order.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. On thing is clear that you will be interviewed for appointment but the present faculty members want them to be promoted before the PHD candidates are appointed.

2. File the W.P. and/or PIL as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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There is very recent decision passed by the supreme court on this issue.
I think you can take advantage of the said decision in your favour.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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You cannot comment or interfere in the internal affairs of the organisation.  
There is no justification for your frustration towards the conduct of the staff of the organisation just because you have not been called for interview. 
You have been short listed candidate and not an employee of the organisation yet.
You are awaiting call letter from the organisation for interview which is yet to come.
If you want to know the details of the same you may file an application under RTI act to know the status of the issue.
You cannot force the organisation to conduct the interview.
In fact the organisation is answerable to government over this inordinate delay and they would be doing it soon if nothing concrete comes up shortly in this regard. 
You may wait.

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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Sir, If i file a writ in HC, how strong is my case? 

If you have the details of employment process and proof of you being shortlisted for interview and have been intimated about the interview but not conducted so far, you may file a writ petition before high court seeking its intervention to direct the organisation to conduct interview expeditiously, but this may not be an effective step especially in the light of the reluctance and hostile attitude maintained by the staff of management for the cited reasons.  




Can a PIL be filed in SC regarding this issue?

This may not under under the purview of valid requirement for a PIL.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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Sir, now the rule is we cannot apply for AP post in NITs and IITs without a PhD and the experience before PhD is not considered. Same is applicable to us. 
Now the internal faculty working already have been appointed way back as B-Techs, however those who didnt update their qualifications are now saying that if new appointees are appointed who have a PhD, they will become junior to those without PhD. So they are trying to sabotage/delay the process and are saying to promote them to Associate level before new ones are appointed.


Whatever you have mentioned is the hearsay information to you or may be an internal matter of the existing employees.
This cannot affect the recruitment rules.
You are yet to be recruited hence you cannot blame the existing employees of their hostile attitude due to which your interview is delayed. 
It is the management of the organisation which has to give a reply and also it is the problem of the organisation to deal with the  problems that are posed as threat by their employees. 
You have to concentrate on your own issue alone, dont get involved in such irrelevant issues which may affect your career prospects. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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